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HomeMy WebLinkAboutENTERPRISE AUTOMATION-2017A-2017-303 INSURANCE NOT ON FILE WORK MAY b QI PROCEED RK 0 CO NCIL DATE: CF DATE: JAN p 8 20118 AGREEMENT TO PROVIDE WATER SYSTEMS CONTROL DESIGN, a'• NIA C2) PROGRAMMING, AND SUPPORT SERVICES ON AN ON -CALL BASIS l�tl�a 1.,54 THIS AGREEMENT is made and entered into this 7tb day of November, 2017 by and between Enterprise Automation ("Consultant"), and the City of Santa Ana, a. charter city and municipal corporation organized and existing under the Constitution and laws of the State of California RECITALS A. On August 2, 2017, the City issued Request for Proposal No, 17-087, by which it sought. Consultants to provide Water Systems Control Design, Programming, and Support Services on an on -call basis for the City's water production and control facilities. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-087 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set ibith, the parties agree as follows: SCOPE OF S:EE'RVICI''' S On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein.. When the need for services arises, City may initiate services through use of a task or similar order issued to Consultant. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three consultants selected to provide services on an as -needed basis under RFP No. 1.7-087. The total annual compensation for services provided by all consultants selected under RFP No. 17-087 shall not exceed $85,000 during the term of the Agreement, including any extension periods. Page 1 of 8 b, Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which 'fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and tenninate on November 30, 2020, unless terminated earlier in accordance with Section 17, below, The terra of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to Illy comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be tonsured to be an independent Contractor and not an employee of the City. This Agreement is not intended nor sha€l it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultantperforms the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6, OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and ether documents or works of authorship fixed in any tangible medium of expression., including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant. under this Agreement ("Docrunents & Data"), Page 2 of 8 Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data, Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insurod(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from, any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, it) the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s), (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and. non -owned automobiles. c. Worker's Compensation Insurance. Iu accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not, less than $1,000,000 per accident. d.. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per elaim with $2,000,000 in the aggregate, e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Page 3 of 8 (i) Consultant shall maintain all insurance required above in hill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall ' supply City with a fully executed additional insured endorsement. f. I£ Consultant fails or refirses to produce or maintain the insurance required by this section or fails or refuses to finnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability. (1) for personal injury, damages, just compensation, restitution, j adicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent. Consultant 's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recldessness, or willful misconduct of the Consultant . Page 4 of 8 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available soruce; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement Page 5 of 8 shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Enterprise Automation 210 Goddard Irvine, CA 92618 Fax 949-769-6005 A party may change its address by giving notice in writing to the other party, Thereaftera any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed. as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modifred except by written instranent signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or fhe City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, Page 6 of 9 15. ASSIGNMENT Inasmuch as this Agreement is intended to secinre the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services' which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed, a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the ,property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity ennployer and shall comply with all applicable federal, state and local laws aid regulations, 19. JURISDICTION -VENUE This Agreement, has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement Page 7 of 8 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b-. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 1 CITY OF SANTA ANA MA IA D. HUIZAR RAUL GODINMI Clerk of the Council City Manager APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By; — J r M. Funk Assistant City Attorney RECOMME DEDvR ROVAL.', FRED MOUSAVIPOUR, Executive Director Public Works Agency CONSULTANT Name; Tca„ Pkerf.&v-0 Title: &E-Lf DBwT Page 8 of 8 CITY OF SANTA ANA EXH I BIT A RFP NO.: 17-087 WATER SYSTEM CONTROL DESIGN, PROGRAMMING AND SUPPORT SERVICES SCOPE OF WORM Introduction and Background: The City of Santa Ana is located in the heart of Orange County, California and is approximately 27 square miles, The City provides potable drinking water for all of the City's residents and businesses, The City's water production system consists of 22 wells, 4 pressure control stations, 7 Metropolitan Water District connections, 7 water booster stations and 8 reservoirs, Control and monitoring of the water system is coordinated via the City SCADA system using a series of radios to send and receive data from remote locations to the City Home SCADA control room. Description of Work-, The City desires to retain qualified Consultants to provide control system design, engineering, integration, and programming support on an as -requested basis for the City's water production facilities. The City's facilities are controlled by the. Dynac ES SCADA software as provided by Kapsch Traf oCom USA, Inc. The City water production sites consist of facilities with many of the following components: Modicon Momentum Programmable Logic Computers (PLC), ABB Variable Frequency Drives (VFD), Limitorque motor operated valves (MOV), mag motors (various brands) and other related appurtenances. Local control is often achieved via a human machine interface (HMI) local to the remote terminal unit (RTU) control panel. The HMIs at any station are either the Magelis HMI or a Unitronics display. It is the City's desire that all site control reside within the site PLC with the HMI acting primarily as a site control interface relaying operator commands to the site PLC, Consultant Responsibilities: CONTROL SYSTEM DESIGN SERVICES Consultant shall be required to provide full control panel designs which conform to City standards, for well, pump motor and control valve operations. Control, panel designs shall contain fully engineered diagrams that specify all equipment, back panels, terminal blocks, special components and related items. Also included in the design shall be all control wiring diagrams, specific I/0, panel elevations, item and quantity lists with specific part numbers. Control systems designs shall be complete and inclusive of all information necessary for the City to utilize as bid/procurement documents to have the panels built and installed. The Consultant shall provide SCADA, control and instrumentation design support services, including but not limited to those described below: Consultant shall perform field investigations of existing control panel wiring to verify and, as needed, correct wiring drawings for existing control panels. Consultant shall make corrections to wiring drawings as necessary to reflect current field conditions prior to performing any detailed design work. * Consultant shall provide and/or prepare documentation, schematic drawings, and SCADA network configuration diagrams for future use, maintenance, and progranmzing of the SCADA system. The detailed design documents may include the following: a Hardware Engineering and Design Layout — Scaled drawings shall be prepared showing existing Page I of EXHIBIT B ENTERPRISE AUTOMATION City of Santa Ana Engineering Rates 2017-18 Rate Classifleation Engineering Project Engineer $'185/hr Project Engineer 2 $195/hr Lead Engineer $205/hr aNi Project Manager $215/hr Architect $250/hr CAD $125/hr Admin $95/hr Out -of -Town $195/hr $205/hr $215/hr $225/hr $275/hr Out -of -Town rates apply when overnight lodging is required. Travel time is charged as regular Engineering time. Rate classifications charged by engineers are based on a project role/responsibility basis, not title. mService calls covered by an Enterprise Automation service contract are prioritized whilst all other service U requests are dependent on existing schedules and the availability of engineering staff. coi Service calls not covered by a service contract are charged at double time with a 4 hour minimum. d W Unless otherwise arranged, overtime rates are: Time and a half outside of normal business hours, or time in excess of 8 hours per day O Double time Saturday, Sunday and holidays, at,time in excess of 12 hours per day Personal vehicle mileage as per the published IRS mileage rate QExpenses at cost O.e. travel costs, telephone bids, mailing, freight charges, etc.) W Subcontractors cost + 10% Materials cost + 10% (i.e. shrink wrapped software, hardware, PLG panels, etc.) Rates effective 1/112017 through 12131/2018 Nothing leaves Enterprise untested b1 00 J10 GODOARO, IRVINE, CA 92618 PI -IONS. (949) 7s6-snoo WEB: WM.EAINTEGRATOR.COM A� O® DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/03/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ECBM, LP N. Providence Road, Suite 5025 Media PA 19063 CONTACT Jeff Forbes NAME: PHONNE t , (610) 668-7100 FAtC Nd : (610) 667-2208 WC,1400 E-MAIL jforbes(cDecbm.com ADDRESS: INSURERCS) AFFORDING COVERAGE NAIC # INSURER A: Lloyds of London 085202 INSURED Partners in Control, Inc., DBA: Enterprise Automation 210 Goddard Irvine CA 92618 INSURER B : Evanston Insurance Company 35378 INSURER C INSURER D INSURER E : INSURER F: rn%1P0AnFc CFRTIFICATF NHMRFR: 19 M REVISION NUMBER: V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUERPOLICY Imm fryVp_ POLICY NUMBER EFF MWVRDIYYYY POLICY EXP MWDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 7 OCCUR DA Ac iEMISES fEfl occorraricat 1,000,000 $ X MED EXP Au one urson $ 5.000 Contractual Liability A Y VBE11212A19 06/15/2019 06/15/2020 PERSONAL BADVINJURY $ 1,000,000 GEN1_A[1}Vir;GAi(: LIMIFAPPLIES PER: OFNrRALAGGREGATE 5 2.000,000 f1R011UCT5- COMP/OP AGG 5 2,000.000 Pf20- X LOC POLiGW JECT $ OTHER: AUTOMOBILE LIABILITY COMBIN EOSINGLE LIMIT Ea xueiduni $ 1,000.000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ A OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED 1I NON -OWNED AUTOS ONLY X AUTOS ONLY VBE11212A19 06/15/2019 06/15/2020 irli+7PERIY DAMAGE' Per accident $ UMBRELLA LIAB OCCUR EACH OCCURREN(:: 5 2,000.000 B X EXCESS LIAB CLAIMS -MADE MKLV7EUL100820 06/15/2019 06/15/2020 AGGREGATE 5 2,000,000 LVM I I RETENTION WORKERS COMPENSATION PER OT H- ST TUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPt.OYEE $ OFFICFRIMEM11M EXCLULWD7 ❑ (M an datury In NHI NIA EDISEASE -POLICY LIMIT $ II yes, uescrilxr undsr DFSCfJIPTIi)N OF OPERA-1-IONS bul0vl Each Claim $2,000,000 A Professional Liability Sudden and Accidental Pollution VBE11212A19 06/15/2019 06/15/2020 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The City, its officers, employees, agents, volunteers and representatives are included as additional insured on the General Liability as required by written contract. The policy includes a 30 days' notice of cancellation, except for non-payment of premium, which is 10 days plus mailing. <_;4Z4IH2L91A RUL9LPLA Edri11iiiiii09ff&WDlJGlr4NI'S0 v City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th FI Santa Ana By Risk MANAgEMENT DIVISI I N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AA ISE I � 2013 ACCORDANCE WITH THE POLICY PROVISIONS. FRANCINE f ,,V� RE REPRESENTATIVE (J 1988-2U15 AGUKU GUKNUKAI IUIv. All ngnts mans veu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACp k.-_ AGENCY CUSTOMER ID: 00005433 LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED ECBM, LP Partners in Control, Inc., DBA: Enterprise Automation POLICY NUMBER CARRIER 1 NAIC CODE EFFECTIVE DATE: kDDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes Page of To the extent covered by policy and endorsements: General Liability includes, to the extent required by written contract or agreement, Blanket Additional Insured, Primary and Non-contributory, and Waiver of Subrogation. ISO forms defined to include: CG 20 37 10 01; CG 20 10 10 01; CG 24 04 10 93; CG 20 38 04 13. Automobile includes, to the extent required by written contract or agreement, Blanket Additional Insured, Primary and Non-contributory, and Wavier of Subrogation. Excess Liability includes, to the extent required by written contract or agreement Primary and Non -Contributory and Wavier of Subrogation. Excess liability is following form automobile, general, and employers liability. REVIEWED & APPROVED By RISk MANACfEIMENT DIVISION SEP 12 2019 FRA NE R. VILLAREAL ACORD 101 (2008/01) © 2008 ACORD CORPORATIUN. All rights reservea. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 09/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC 76210705 PHONE (877) 287-1312 (A/C. No, Ext): FAX (888) 443-6112 (AIC, No): 150 SAWGRASS DRIVE ROCHESTER NY 14620 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Property and Casualty Insurance Company of Hartford 34690 INSURED T INSURER B PARTNERS IN CONTROL INC DBA ENTERPRISE INSURER C AUTOMATION 210 GODDARD INSURER D INSURER E IRVINE CA 92618-4625 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 'THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES (EH uccUr1wral MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG POLICY ❑ PRO ❑ LOC JECT OTHER: COMBINED) SINGLE LIMIT AUTOMOBILE LIABILITY ANY AUTO By Risk MANAq .MENT DIVI51 N yt,-ccidunU BODILY INJURY (Per person) BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS HIRED NON -OWNED SEP 1 2019 PROPERTY DAMAGE AUTOS AUTOS/5nJx (Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS- MADE DED RETENTION $ WORKERS COMPENSATAflN AND EMPLOYERS' LIABILITY ANY YIN X PER STALE OTH- E,L EACH ACCIDENT $1.000,000 A PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA X 76 WEG GB1737 11/13/2018 11/13/2019 El. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1 ,000,000 (Mandatory in NH) If yes, describe under R PTION OF Q I N el DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If morn space Is required) Those usual to the Insured's Operations. Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others Endorsement WC040306, attached to this policy. City of Santa Ana Risk Management Division 20 CIVIC CENTER PLAZA FL 4 SANTA ANA CA 92701-4058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: VBE11211A18 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the additional insureds, added: 2. Exclusions insurance afforded to these the following exclusion is This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. REVIEWED & APPROVED By Risk MANAgrMENT DIVISION S 21 nf FRANCINE R. VILLAREAL CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Santa Ana Risk Management Division 20 CIVIC CENTER PLAZA FL 4 SANTA ANA CA 92701-4058 Account Information: Policy Holder Details : PARTNERS IN CONTROL INC DBA ENTERPRISE AUTOMATION September 5, 2019 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (877) 287-1312 Fax: (888) 443-6112 Email: agency.services(@thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team REVIEWED & APPROVED By Risk MANAGEMENT DIVISION SP1/1Y b 209 F ANCINE R. VILLAREAL WLTR005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 76 WEG GB1737 Endorsement Number: 1 Effective Date: 11/13/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PARTNERS IN CONTROL, INC. 210 GODDARD IRVINE CA 92618 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Blanket Coverage REVIEWED g APPROVED 13y Risk MANAQCmENr DivisiON -3 S 1 ' �0 FRANCINE R. VILLAREAL Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 10/09/18 Policy Expiration Date: 11/13/19 ENTERPRISE A UTOMATIOIY August 30, 2019 Kathia Reyes City of Santa Ana Risk Management Division 20 Civic Center Plaza, 411 Floor Santa Ana, CA 92702 Dear Kathia, RE: Auto liability insurance requirement — "owned' Partners in Control, Inc., dba. Enterprise Automation hereby affirms that the company currently owns no automobiles. Sincerely Yours, LaShell Mingo Office Manager REVIEWED & APPROVED By RISk MANA(FMENT DIVISION SEP 12 2019 FRANCINE R. VILLAREAL Enterprise Automation • 210 Goddard ■ Irvine, CA . 92618 Phone (949) 769-6000 m Fax (949) 769-6005 . www.eaintegrator.com